Constitutional Justice Maria Farida Indrati receives visit from the students of Post Graduate Studies Gender Studies, University of Indonesia, on Monday (21/5) morning, 11th Floor Meeting Room of the Constitutional Court Building. In addition followed by the students, in this visit was also attended by faculty from the UI Francisia Saveria Sika Ery Seda.
On occasion, she gave a short matter of MK with the title "The Constitutional Court of the Republic of Indonesia in the state system". In his presentation, he explained many things, including about the history of the formation of the Constitutional Court, the requirements of the Constitutional Court judge, the authority of the Court, until the flow of handling cases in the Court. "Not free of charge from the beginning to be decided," he said while explaining the proceedings in the Court.
In addition, she also serves some of the questions from the participants. Maria, among others, were asked about how important the existence of academic texts in the discussion of a bill and whether the perspective of gender equality (women) to be considered in every decision in the Constitutional Court.
According to Maria, in essence the law applicable and binding on each person. So, there is no law discriminating, for example: only applies to women only, or the like."Because the law is erga omnes," he said. However, often there is discrimination in terms of substance.
He asserted that in any decision making on the Court, always consider many things, one of which is the perspective of gender (women’s interests). And, the bottom line, according to Mary is the independence of judges in the Constitutional Court.According to him, the independence of the Constitutional Court judges can be seen in the dissenting opinion in the decision mechanism. Each judge appreciated his opinion, even if that opinion differs with the decision agreed upon by the majority judges.
To the question whether there is need for an academic text in the preparation of legislation, Maria, personally, think should not have to. "Academically it’s not right," he said.
One reason, he added, typically ministries or departments concerned have done a comprehensive study and research before making a law. Where, urgency, arguments, and the purpose of establishing a law usually is obvious there. "That’s enough," he said.
However, continued Maria, normatively as stipulated in Act No. 12 Year 2011 on the Establishment Regulation Legislation, requires the existence of an academic text was in any process of law formation. So, he cautioned, agree or not, these provisions must be adhered to, particularly for legislators. (Yazid.tr)
Tuesday, May 22, 2012 | 06:56 WIB 190